Congressional Record, April 21, 2020, from Page S2183 — Senate
Summary
Congressional Record, Senate, April 21, 2020, pages S2183 and S2184. Under the heading Coronavirus, Mr. SULLIVAN speaks about the Paycheck Protection Program, the CARES Act, the nomination of Rear Admiral Michael Weahkee to be Director of Indian Health Service, and F-35s arriving at Eielson Air Force Base. Mr. McConnell asks unanimous consent that the Senate proceed to Calendar No. 12, H.R. 266, and that the McConnell substitute amendment at the desk be agreed to. The amendment's stated purpose includes increasing amounts authorized and appropriated for commitments for the Paycheck Protection Program, and its text includes $75,000,000,000 for the Public Health and Social Services Emergency Fund.
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“Congressional Record, April 21, 2020, from Page S2183 — Senate.”
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April 21, 2020 CONGRESSIONAL RECORD — SENATE S2183
infectious disease. While the infectious tion that our Nation needed so des- age that we should be working on or
disease experts should be queried, so, perately and that we are trying to pro- even confirming key members of the
too, should economists. We should seek vide more resources because the re- executive branch. I am hopeful that,
counsel about balancing the harm to sources needed had already been spent. just in a couple of minutes, we are
health caused by disease with the harm After that vote, I came to the floor, going to be able to move forward with
to health caused by enforcing dysfunc- and I made a statement that, although Rear Admiral Michael Weahkee’s nom-
tion on the economy—not easy deci- I was proud to have voted for that and ination to be the Director of Indian
sions. proud to have been a part of the nego- Health Service at the Department of
Most importantly, leaders in each tiations for that because our Nation Health and Human Services. As our Na-
State must weigh in on the problem. was going to need it—did need it, des- tive communities are being threatened
New York City’s opening date will be perately—that we knew there would be by COVID–19, having this admiral, who
different from Fargo, ND. We need to mistakes. We knew there would be has got broad support throughout our
get past a one-size-fits-all approach to areas that weren’t covered that should Tribal governments, including in Alas-
infectious disease. have been. We knew elements of that ka, be able to be confirmed right now is
Realize that most of this money that bill would run out of money, as they just one example of the work that I am
is being loaned to small business is not have. hopeful we can be doing.
a loan. Most of this money will not be I made a plea that we should be here So this should be our duty station,
repaid. It will ultimately be considered working on behalf of the people we rep- working around the clock for people we
grants that will be added to our na- resent. Our Governors are back home represent, getting through these un-
tional debt. working hard, doing a good job; but as precedented times, being able to ad-
Let’s be honest about this. Applica- I mentioned, the evening that we dress challenges as they arise—and
tions for the program opened to over- passed the CARES Act, from the per- they are arising every hour, every
whelming initial demand. The current spective of Congress—House and Sen- minute.
data indicates that the money is gone, ate—this should be our duty station as I want to end on a positive note—
so now, here we are again, with leader- we address these unprecedented chal- speaking of duty station—a good news
ship from both parties saying, Let’s do lenges, and I still believe that. We have story that involves the people of inte-
another $300 billion, what is another heard about the difficulties that could rior Alaska and our wonderful U.S.
couple hundred billion dollars? But re- come with voting and having Members military. Right now, literally as we
alize the money desired is not money of Congress catch COVID–19, but we speak, there are two F–35s that have
we have saved for a rainy day. This can do this safely. We can vote safely. left Texas—brand new—coming to
money doesn’t exist anywhere. It will As Senator LEE mentioned earlier, Eielson Air Force Base in Alaska. Fif-
be created or borrowed. Even more Americans all over the country are on teen years ago, Eielson Air Force Base
alarming than the money is the idea the frontlines—truck drivers, was on the verge of being shut down.
that one Senator can stand on the floor healthcare workers, grocery store at- The interior Alaska communities of
and pass legislation spending a half- tendants—helping their fellow Ameri- Fairbanks, North Pole, and so many
trillion dollars and have no recorded cans. If they can be doing that, I think leaders fought that. They said, No, this
vote and no debate. we should be here working on behalf of is a strategic location for our military,
Look, I understand the hardships of them. we shouldn’t shut this down.
Senators returning from around the There is so much more to do. We need Now, these communities today will
country, so I have not invoked the Sen- to be nimble. Let me give you an exam- be receiving the first of 54 F–35s, two
ate rules to demand a recorded vote. I ple. The energy sector right now— squadrons. I want to commend, not just
did return today, though, so that his- hugely important to my State—is my fellow Alaskans for their grit and
tory will record that not everyone gave being decimated because of what is determination to make this day hap-
in to the massive debt Congress is cre- happening globally with regard to en- pen—a huge day in my State—but the
ating. My hope is that, across the ergy prices. Great workers are being U.S. military. The U.S. military, a
country, there will remain a vibrant laid off. Small businesses in many sec- year and a half ago, said the F–35s will
voice for limited government for our tors in Alaska like tourism are at a start coming to Alaska in April 2020.
constitutional Republic. I don’t want huge risk. Had we been here—you Despite this pandemic, that is what is
to see this massive accumulation of know, there is a lot of talk right now happening today—remarkable grit and
debt destroy this great country. My ad- about the delay—the minority leader, determination of my fellow Alaskans
vice to the Senate and to the American Speaker PELOSI, wouldn’t have had an but also remarkable service to our Na-
people is let’s be aware of what we are excuse to delay the funding for the tion by the U.S. Air Force delivering
doing by creating all this new debt, and PPP for 12 days. How many small busi- these F–35s on time. That will make
let’s think before we jump to a terrible, nesses and jobs were lost because of my State have over 100 fifth generation
terrible conclusion. that delay? We will never know, but I fighters protecting our country. So
The PRESIDING OFFICER. The Sen- am sure it was in the thousands. this is an inspiring story, as we are
ator from Alaska. I am reading a book right now, hearing all kinds of inspiring stories
f ‘‘1776,’’ by David McCullough. It is throughout our Nation, throughout
about the incredible challenges that these challenging times.
CORONAVIRUS our Nation went through at the birth But in my view, we should be ready
Mr. SULLIVAN. Mr. President, we of our Nation. It is mostly about to help these great people that we lead
are going to vote here in a minute on George Washington and the tough bat- and that we serve to get them through
the next package that is going to try tles he led and fought. He lost a lot of these unprecedented times.
to help our Nation address these un- them in New York. I yield the floor.
precedented challenges. I want to One remarkable thing about that The ACTING PRESIDENT pro tem-
thank the majority leader, the White book is, for almost the entire year in pore. The majority leader.
House, and the Democrats who have 1776, the Continental Congress was ac- f
come forward to do this. tually in session directing General
It is very important that we are Washington. They were in Philadelphia MAKING APPROPRIATIONS FOR
doing this. In my view, as the leader at enormous risk as the British were THE DEPARTMENT OF THE INTE-
said, we should have done this 12 days closing in on them. But as the war was RIOR, ENVIRONMENT, AND RE-
ago. We are facing unprecedented chal- raging for most of that year—that re- LATED AGENCIES FOR THE FIS-
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lenges. When we passed the CARES Act markable year of 1776—they were work- CAL YEAR ENDING SEPTEMBER
4 weeks ago—and I think Leader ing. 30, 2019
MCCONNELL did an incredible job bring- We have so much more work to do for Mr. MCCONNELL. Mr. President, I
ing the U.S. Senate together on a vote our Nation in these unprecedented ask unanimous consent that the Sen-
of 96–0, as Minority Leader SCHUMER times, whether it is confirming judges ate proceed to immediate consider-
mentioned with regard to this legisla- or phase four of an infrastructure pack- ation of Calendar No. 12, H.R. 266.
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S2184 CONGRESSIONAL RECORD — SENATE April 21, 2020
The ACTING PRESIDENT pro tem- 136) is amended by striking ‘‘$10,000,000,000’’ (b) DESIGNATION IN SENATE.—In the Senate,
pore. The clerk will report the bill by and inserting ‘‘$20,000,000,000’’. this division is designated as an emergency
(c) ELIGIBILITY OF AGRICULTURAL ENTER- requirement pursuant to section 4112(a) of H.
title. PRISES FOR ECONOMIC INJURY DISASTER LOANS Con. Res. 71 (115th Congress), the concurrent
The legislative clerk read as follows: AND EMERGENCY GRANTS.—Section 1110(a)(2) resolution on the budget for fiscal year 2018.
A bill (H.R. 266) making appropriations for of division A of the Coronavirus Aid, Relief, DIVISION B—ADDITIONAL EMERGENCY
the Department of the Interior, environ- and Economic Security Act (Public Law 116– APPROPRIATIONS FOR CORONAVIRUS
ment, and related agencies for the fiscal year 136) is amended— RESPONSE
ending September 30, 2019, and for other pur- (1) in subparagraph (D), by striking ‘‘or’’ at
poses. the end; The following sums are hereby appro-
(2) in subparagraph (E), by striking the pe- priated, out of any money in the Treasury
The ACTING PRESIDENT pro tem- not otherwise appropriated, for the fiscal
riod at the end and inserting ‘‘; or’’; and
pore. Is there objection to proceeding year ending September 30, 2020, and for other
(3) by adding at the end the following:
to the measure? ‘‘(F) an agricultural enterprise (as defined purposes, namely:
There being no objection, the Senate in section 18(b) of the Small Business Act (15 TITLE I
proceeded to consider the bill. U.S.C. 647(b)) with not more than 500 employ- DEPARTMENT OF HEALTH AND HUMAN
Mr. MCCONNELL. I ask unanimous ees.’’. SERVICES
consent that the McConnell substitute (d) SET ASIDE FOR INSURED DEPOSITORY IN- OFFICE OF THE SECRETARY
STITUTIONS, CREDIT UNIONS, AND COMMUNITY
amendment at the desk be considered PUBLIC HEALTH AND SOCIAL SERVICES
FINANCIAL INSTITUTIONS.—Section 7(a)(36) of
and agreed to; and that the bill, as the Small Business Act (15 U.S.C. 636(a)(36))
EMERGENCY FUND
amended, be considered read a third is amended— (INCLUDING TRANSFER OF FUNDS)
time. (1) in subparagraph (A)— For an additional amount for ‘‘Public
The ACTING PRESIDENT pro tem- (A) in clause (viii), by striking ‘‘and’’ at Health and Social Services Emergency
pore. Is there objection? the end; Fund’’, $75,000,000,000, to remain available
Without objection, it is so ordered. (B) in clause (ix), by striking the period at until expended, to prevent, prepare for, and
The amendment (No. 1580), in the na- the end and inserting a semicolon; and respond to coronavirus, domestically or
(C) by adding at the end the following: internationally, for necessary expenses to re-
ture of a substitute, was agreed to, as imburse, through grants or other mecha-
‘‘(x) the term ‘community development fi-
follows: nancial institution’ has the meaning given nisms, eligible health care providers for
(Purpose: To increase amounts authorized the term in section 103 of the Riegle Commu- health care related expenses or lost revenues
and appropriated for commitments for the nity Development and Regulatory Improve- that are attributable to coronavirus: Pro-
Paycheck Protection Program authorized ment Act of 1994 (12 U.S.C. 4702)); vided, That these funds may not be used to
under section 7(a) of the Small Business ‘‘(xi) the term ‘community financial insti- reimburse expenses or losses that have been
Act, economic injury disaster loans and tutions’ means— reimbursed from other sources or that other
emergency grants under the CARES Act, ‘‘(I) a community development financial sources are obligated to reimburse: Provided
to fund hospital and provider recovery and institution; further, That recipients of payments under
testing, and for other purposes) ‘‘(II) a minority depository institution, as this paragraph in this Act shall submit re-
Strike all after the enacting clause and in- defined in section 308 of the Financial Insti- ports and maintain documentation as the
sert the following: tutions Reform, Recovery, and Enforcement Secretary of Health and Human Services (re-
SECTION 1. SHORT TITLE. Act of 1989 (12 U.S.C. 1463 note); ferred to in this paragraph as the ‘‘Sec-
This Act may be cited as the ‘‘Paycheck ‘‘(III) a development company that is cer- retary’’) determines are needed to ensure
Protection Program and Health Care En- tified under title V of the Small Business In- compliance with conditions that are imposed
hancement Act’’. vestment Act of 1958 (15 U.S.C. 695 et seq.); by this paragraph in this Act for such pay-
SEC. 2. TABLE OF CONTENTS. and ments, and such reports and documentation
‘‘(IV) an intermediary, as defined in sec- shall be in such form, with such content, and
The table of contents for this Act is as fol-
tion 7(m)(11); and in such time as the Secretary may prescribe
lows:
‘‘(xii) the term ‘credit union’ means a for such purpose: Provided further, That ‘‘eli-
Sec. 1. Short title. State credit union or a Federal credit union, gible health care providers’’ means public
Sec. 2. Table of contents. as those terms are defined, respectively, in entities, Medicare or Medicaid enrolled sup-
Sec. 3. References. section 101 of the Federal Credit Union Act pliers and providers, and such for-profit enti-
DIVISION A—SMALL BUSINESS (12 U.S.C. 1752).’’; and ties and not-for-profit entities not otherwise
PROGRAMS (2) by adding at the end the following: described in this proviso as the Secretary
Sec. 101. Amendments to the Paycheck Pro- ‘‘(S) SET-ASIDE FOR INSURED DEPOSITORY IN- may specify, within the United States (in-
tection Program, economic in- STITUTIONS, CREDIT UNIONS, AND COMMUNITY cluding territories), that provide diagnoses,
jury disaster loans, and emer- FINANCIAL INSTITUTIONS.— testing, or care for individuals with possible
gency grants. ‘‘(i) INSURED DEPOSITORY INSTITUTIONS AND or actual cases of COVID–19: Provided further,
Sec. 102. Emergency designation. CREDIT UNIONS.—In making loan guarantees That the Secretary shall, on a rolling basis,
under this paragraph after the date of enact- review applications and make payments
DIVISION B—ADDITIONAL EMERGENCY
ment of this clause, the Administrator shall under this paragraph in this Act: Provided
APPROPRIATIONS FOR CORONAVIRUS
guarantee not less than $30,000,000,000 in further, That funds appropriated under this
RESPONSE
loans made by— paragraph in this Act shall be available for
SEC. 3. REFERENCES. ‘‘(I) insured depository institutions with building or construction of temporary struc-
Except as expressly provided otherwise, consolidated assets of not less than tures, leasing of properties, medical supplies
any reference to ‘‘this Act’’ contained in any $10,000,000,000 and less than $50,000,000,000; and equipment including personal protective
division of this Act shall be treated as refer- and equipment and testing supplies, increased
ring only to the provisions of that division. ‘‘(II) credit unions with consolidated assets workforce and trainings, emergency oper-
DIVISION A—SMALL BUSINESS PROGRAMS of not less than $10,000,000,000 and less than ation centers, retrofitting facilities, and
SEC. 101. AMENDMENTS TO THE PAYCHECK PRO- $50,000,000,000. surge capacity: Provided further, That, in this
TECTION PROGRAM, ECONOMIC IN- ‘‘(ii) COMMUNITY FINANCIAL INSTITUTIONS, paragraph, the term ‘‘payment’’ means a pre-
JURY DISASTER LOANS, AND EMER- SMALL INSURED DEPOSITORY INSTITUTIONS, AND payment, prospective payment, or retrospec-
GENCY GRANTS. CREDIT UNIONS.—In making loan guarantees tive payment, as determined appropriate by
(a) INCREASED AUTHORITY FOR COMMIT- under this paragraph after the date of enact- the Secretary: Provided further, That pay-
MENTS AND APPROPRIATIONS FOR PAYCHECK ment of this clause, the Administrator shall ments under this paragraph in this Act shall
PROTECTION PROGRAM.—Title I of division A guarantee not less than $30,000,000,000 in be made in consideration of the most effi-
of the Coronavirus Aid, Relief, and Economic loans made by— cient payment systems practicable to pro-
Security Act (Public Law 116–136) is amend- ‘‘(I) community financial institutions; vide emergency payment: Provided further,
ed— ‘‘(II) insured depository institutions with That to be eligible for a payment under this
(1) in section 1102(b)(1), by striking consolidated assets of less than paragraph in this Act, an eligible health care
‘‘$349,000,000,000’’ and inserting $10,000,000,000; and provider shall submit to the Secretary an ap-
‘‘$659,000,000,000’’; and ‘‘(III) credit unions with consolidated as- plication that includes a statement justi-
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(2) in section 1107(a)(1), by striking sets of less than $10,000,000,000.’’. fying the need of the provider for the pay-
‘‘$349,000,000,000’’ and inserting SEC. 102. EMERGENCY DESIGNATION. ment and the eligible health care provider
‘‘$670,335,000,000’’. (a) IN GENERAL.—The amounts provided shall have a valid tax identification number:
(b) INCREASED AUTHORIZATION FOR EMER- under this division are designated as an Provided further, That, not later than 3 years
GENCY EIDL GRANTS.—Section 1110(e)(7) of emergency requirement pursuant to section after final payments are made under this
division A of the Coronavirus Aid, Relief, 4(g) of the Statutory Pay-As-You-Go Act of paragraph in this Act, the Office of Inspector
and Economic Security Act (Public Law 116– 2010 (2 U.S.C. 933(g)). General of the Department of Health and
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April 21, 2020 CONGRESSIONAL RECORD — SENATE S2185
Human Services shall transmit a final report 30 days after the date of enactment of this the amount appropriated under this para-
on audit findings with respect to this pro- Act, the Governor or designee of each State, graph in this Act, $22,000,000, shall be trans-
gram to the Committees on Appropriations locality, territory, tribe, or tribal organiza- ferred to the ‘‘Department of Health and
of the House of Representatives and the Sen- tion receiving funds pursuant to this Act Human Services—Food and Drug Adminis-
ate: Provided further, That nothing in this shall submit to the Secretary its plan for tration—Salaries and Expenses’’ to support
paragraph limits the authority of the Inspec- COVID–19 testing, including goals for the re- activities associated with diagnostic, sero-
tor General or the Comptroller General to mainder of calendar year 2020, to include: (1) logical, antigen, and other tests, and related
conduct audits of interim payments at an the number of tests needed, month-by- administrative activities: Provided further,
earlier date: Provided further, That not later month, to include diagnostic, serological, That the amount appropriated under this
than 60 days after the date of enactment of and other tests, as appropriate; (2) month- paragraph in this Act may be used for grants
this Act, the Secretary shall provide a report by-month estimates of laboratory and test- for the rent, lease, purchase, acquisition,
to the Committees on Appropriations of the ing capacity, including related to workforce, construction, alteration, renovation, or
House of Representatives and the Senate on equipment and supplies, and available tests; equipping of non-federally owned facilities to
obligation of funds, including obligations to and (3) a description of how the State, local- improve preparedness and response capa-
such eligible health care providers summa- ity, territory, tribe, or tribal organization bility at the State and local level for diag-
rized by State of the payment receipt: Pro- will use its resources for testing, including nostic, serologic, or other COVID–19 tests, or
vided further, That such reports shall be up- as it relates to easing any COVID–19 commu- related supplies: Provided further, That the
dated and submitted to such Committees nity mitigation policies: Provided further, amount appropriated under this paragraph in
every 60 days until funds are expended: Pro- That the Secretary shall submit such for- this Act may be used for construction, alter-
vided further, That such amount is des- mula methodology identified in the first pro- ation, renovation, or equipping of non-feder-
ignated by the Congress as being for an viso under this paragraph in this Act to the ally owned facilities for the production of di-
emergency requirement pursuant to section Committees on Appropriations of the House agnostic, serologic, or other COVID–19 tests,
251(b)(2)(A)(i) of the Balanced Budget and of Representatives and the Senate one day or related supplies, where the Secretary de-
Emergency Deficit Control Act of 1985. prior to awarding such funds: Provided fur- termines that such a contract is necessary to
For an additional amount for ‘‘Public ther, That such funds identified in the first secure, or for the production of, sufficient
Health and Social Services Emergency and second provisos under this paragraph in amounts of such tests or related supplies:
Fund’’, $25,000,000,000, to remain available this Act shall be allocated within 30 days of Provided further, That funds appropriated
until expended, to prevent, prepare for, and the date of enactment of this Act: Provided under this paragraph in this Act may be used
respond to coronavirus, domestically or further, That of the amount appropriated for purchase of medical supplies and equip-
internationally, for necessary expenses to re- under this paragraph in this Act, not less ment, including personal protective equip-
search, develop, validate, manufacture, pur- than $1,000,000,000 shall be transferred to the ment and testing supplies to be used for ad-
chase, administer, and expand capacity for ‘‘Centers for Disease Control and Preven- ministering tests, increased workforce and
COVID–19 tests to effectively monitor and tion—CDC-Wide Activities and Program Sup- trainings, emergency operation centers, and
suppress COVID–19, including tests for both port’’ for surveillance, epidemiology, labora- surge capacity for diagnostic, serologic, or
active infection and prior exposure, includ- tory capacity expansion, contact tracing, other COVID–19 tests, or related supplies:
ing molecular, antigen, and serological tests, public health data surveillance and analytics Provided further, That products purchased
the manufacturing, procurement and dis- with funds appropriated under this para-
infrastructure modernization, disseminating
tribution of tests, testing equipment and graph in this Act may, at the discretion of
information about testing, and workforce
testing supplies, including personal protec- the Secretary, be deposited in the Strategic
support necessary to expand and improve
tive equipment needed for administering National Stockpile under section 319F–2 of
COVID–19 testing: Provided further, That of
tests, the development and validation of the Public Health Service Act: Provided fur-
the amount appropriated under this para-
rapid, molecular point-of-care tests, and ther, That of the amount appropriated under
graph in this Act, not less than $306,000,000
other tests, support for workforce, epidemi- this paragraph in this Act, $600,000,000 shall
shall be transferred to the ‘‘National Insti-
be transferred to ‘‘Health Resources and
ology, to scale up academic, commercial, tutes of Health—National Cancer Institute’’
Services Administration—Primary Health
public health, and hospital laboratories, to to develop, validate, improve, and implement Care’’ for grants under the Health Centers
conduct surveillance and contact tracing, serological testing and associated tech- program, as defined by section 330 of the
support development of COVID–19 testing nologies for the purposes specified under this Public Health Service Act, and for grants to
plans, and other related activities related to paragraph in this Act: Provided further, That federally qualified health centers, as defined
COVID–19 testing: Provided, That of the of the amount appropriated under this para- in section 1861(aa)(4)(B) of the Social Secu-
amount appropriated under this paragraph in graph in this Act, not less than $500,000,000 rity Act: Provided further, That sections
this Act, not less than $11,000,000,000 shall be shall be transferred to the ‘‘National Insti- 330(e)(6)(A)(iii), 330(e)(6)(B)(iii), and
for States, localities, territories, tribes, trib- tutes of Health—National Institute of Bio- 330(r)(2)(B) of the Public Health Service Act
al organizations, urban Indian health organi- medical Imaging and Bioengineering’’ to ac- shall not apply to funds provided under the
zations, or health service providers to tribes celerate research, development, and imple- previous proviso: Provided further, That of
for necessary expenses to develop, purchase, mentation of point of care and other rapid the amount appropriated under this para-
administer, process, and analyze COVID–19 testing related to coronavirus: Provided fur- graph in this Act, $225,000,000 shall be used to
tests, including support for workforce, epide- ther, That of the amount appropriated under provide additional funding for COVID–19
miology, use by employers or in other set- this paragraph in this Act, not less than testing and related expenses, through grants
tings, scale up of testing by public health, $1,000,000,000 shall be transferred to the ‘‘Na- or other mechanisms, to rural health clinics
academic, commercial, and hospital labora- tional Institutes of Health—Office of the Di- as defined in section 1861(aa)(2) of the Social
tories, and community-based testing sites, rector’’ to develop, validate, improve, and Security Act, with such funds also available
health care facilities, and other entities en- implement testing and associated tech- to such entities for building or construction
gaged in COVID-19 testing, conduct surveil- nologies; to accelerate research, develop- of temporary structures, leasing of prop-
lance, trace contacts, and other related ac- ment, and implementation of point of care erties, and retrofitting facilities as nec-
tivities related to COVID–19 testing: Provided and other rapid testing; and for partnerships essary to support COVID–19 testing: Provided
further, That of the amount identified in the with governmental and non-governmental further, That such funds shall be distributed
preceding proviso, not less than $2,000,000,000 entities to research, develop, and implement using the procedures developed for the Pro-
shall be allocated to States, localities, and the activities outlined in this proviso: Pro- vider Relief Fund authorized under the third
territories according to the formula that ap- vided further, That funds in the preceding paragraph under this heading in division B of
plied to the Public Health Emergency Pre- proviso may be transferred to the accounts the Coronavirus Aid, Relief, and Economic
paredness cooperative agreement in fiscal of the Institutes and Centers of the National Security Act (Public Law 116–136); may be
year 2019, not less than $4,250,000,000 shall be Institutes of Health (referred to in this para- distributed using contracts or agreements
allocated to States, localities, and terri- graph as the ‘‘NIH’’) for the purposes speci- established for such program; and shall be
tories according to a formula methodology fied in the preceding proviso: Provided fur- subject to the process requirements applica-
that is based on relative number of cases of ther, That the transfer authority provided in ble to such program: Provided further, That
COVID–19, and not less than $750,000,000 shall the preceding proviso is in addition to all the Secretary may specify a minimum
be allocated in coordination with the Direc- other transfer authority available to the amount for each eligible entity accepting as-
tor of the Indian Health Service, to tribes, NIH: Provided further, That of the amount ap- sistance under the two previous provisos:
tribal organizations, urban Indian health or- propriated under this paragraph in this Act, Provided further, That up to $1,000,000,000 of
ganizations, or health service providers to not less than $1,000,000,000 shall be available funds provided under this paragraph in this
tribes: Provided further, That the Secretary to the Biomedical Advanced Research and Act may be used to cover the cost of testing
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of Health and Human Services (referred to in Development Authority for necessary ex- for the uninsured, using the definitions ap-
this paragraph as the ‘‘Secretary’’) may sat- penses of advanced research, development, plicable to funds provided under this heading
isfy the funding thresholds outlined in the manufacturing, production, and purchase of in Public Law 116–127: Provided further, That
first and second provisos under this para- diagnostic, serologic, or other COVID–19 not later than 21 days after the date of en-
graph in this Act by making awards through tests or related supplies, and other activities actment of this Act, the Secretary, in co-
other grant or cooperative agreement mech- related to COVID–19 testing at the discretion ordination with other appropriate depart-
anisms: Provided further, That not later than of the Secretary: Provided further, That of ments and agencies, shall issue a report on
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S2186 CONGRESSIONAL RECORD — SENATE April 21, 2020
COVID–19 testing: Provided further, That be transferred to, and merged with, other ap- TITLE III
such report shall include data on demo- propriation accounts under the headings GENERAL PROVISIONS—THIS ACT
graphic characteristics, including, in a de- ‘‘Centers for Disease Control and Preven-
SEC. 301. Each amount appropriated or
identified and disaggregated manner, race, tion’’, ‘‘Public Health and Social Services
made available by this Act is in addition to
ethnicity, age, sex, geographic region and Emergency Fund’’, ‘‘Food and Drug Adminis-
amounts otherwise appropriated for the fis-
other relevant factors of individuals tested tration’’, and ‘‘National Institutes of
for or diagnosed with COVID–19, to the ex- cal year involved.
Health’’ to prevent, prepare for, and respond
tent such information is available: Provided SEC. 302. No part of any appropriation con-
to coronavirus following consultation with
further, That such report shall include infor- tained in this Act shall remain available for
the Office of Management and Budget: Pro-
mation on the number and rates of cases, obligation beyond the current fiscal year un-
vided, That the Committees on Appropria-
hospitalizations, and deaths as a result of less expressly so provided herein.
tions of the House of Representatives and
COVID–19: Provided further, That such report SEC. 303. Unless otherwise provided for by
the Senate shall be notified 10 days in ad-
shall be submitted to the Committees on Ap- this Act, the additional amounts appro-
vance of any such transfer: Provided further,
propriations of the House and Senate, and priated by this Act to appropriations ac-
That, upon a determination that all or part
the Committee on Energy and Commerce of counts shall be available under the authori-
of the funds transferred from an appropria-
the House of Representatives and the Com- ties and conditions applicable to such appro-
tion by this Act are not necessary, such
mittee on Health, Education, Labor, and priations accounts for fiscal year 2020.
amounts may be transferred back to that ap-
Pensions of the Senate, and updated and re- SEC. 304. Notwithstanding any other provi-
propriation: Provided further, That none of
submitted to such Committees, as necessary, sion of law, funds made available in this Act,
the funds made available by this Act may be
every 30 days until the end of the COVID–19 or transferred pursuant to authorization
transferred pursuant to the authority in sec-
public health emergency first declared by granted in this Act, may only be used to pre-
tion 205 of division A of Public Law 116–94 or
the Secretary on January 31, 2020: Provided vent, prepare for, and respond to
section 241(a) of the Public Health Service
further, That not later than 180 days after coronavirus.
Act.
the date of enactment of this Act, the Sec- SEC. 305. In this Act, the term
SEC. 103. Of the funds appropriated by this ‘‘coronavirus’’ means SARS–CoV–2 or an-
retary shall issue a report on the number of Act under the heading ‘‘Public Health and
positive diagnoses, hospitalizations, and other coronavirus with pandemic potential.
Social Services Emergency Fund’’, up to SEC. 306. Each amount designated in this
deaths as a result of COVID–19, $6,000,000 shall be transferred to, and merged
disaggregated nationally by race, ethnicity, Act by the Congress as being for an emer-
with, funds made available under the head- gency requirement pursuant to section
age, sex, geographic region, and other rel- ing ‘‘Office of the Secretary, Office of Inspec-
evant factors: Provided further, That such re- 251(b)(2)(A)(i) of the Balanced Budget and
tor General’’, and shall remain available Emergency Deficit Control Act of 1985 shall
port shall include epidemiological analysis until expended, for oversight of activities
of such data: Provided further, That not later be available (or rescinded or transferred, if
supported with funds appropriated to the De- applicable) only if the President subse-
than 30 days after the date of the enactment partment of Health and Human Services to
of this Act, the Secretary, in coordination quently so designates all such amounts and
prevent, prepare for, and respond to transmits such designations to the Congress.
with other departments and agencies, as ap- coronavirus, domestically or internation-
propriate, shall report to the Committees on SEC. 307. Any amount appropriated by this
ally: Provided, That the Inspector General of Act, designated by the Congress as an emer-
Appropriations of the House and Senate, the the Department of Health and Human Serv-
Committee on Energy and Commerce of the gency requirement pursuant to section
ices shall consult with the Committees on 251(b)(2)(A)(i) of the Balanced Budget and
House of Representatives, and the Com- Appropriations of the House of Representa-
mittee on Health, Education, Labor, and Emergency Deficit Control Act of 1985 and
tives and the Senate prior to obligating such subsequently so designated by the President,
Pensions of the Senate on a COVID–19 stra- funds: Provided further, That the transfer au-
tegic testing plan: Provided further, That and transferred pursuant to transfer authori-
thority provided by this section is in addi- ties provided by this Act shall retain such
such plan shall assist States, localities, ter- tion to any other transfer authority provided
ritories, tribes, tribal organizations, and designation.
by law.
urban Indian health organizations, in under- BUDGETARY EFFECTS
TITLE II
standing COVID-19 testing for both active in- SEC. 308. (a) STATUTORY PAYGO SCORE-
fection and prior exposure, including hos- INDEPENDENT AGENCIES CARDS.—The budgetary effects of this divi-
pital-based testing, high-complexity labora- SMALL BUSINESS ADMINISTRATION sion shall not be entered on either PAYGO
tory testing, point-of-care testing, mobile- scorecard maintained pursuant to section
SALARIES AND EXPENSES
testing units, testing for employers and 4(d) of the Statutory Pay As-You-Go Act of
other settings, and other tests as necessary: For an additional amount for ‘‘Salaries 2010.
Provided further, That such plan shall include and Expenses’’, $2,100,000,000, to remain (b) SENATE PAYGO SCORECARDS.—The
estimates of testing production that account available until September 30, 2021, to pre- budgetary effects of this division shall not be
for new and emerging technologies, as well vent, prepare for, and respond to entered on any PAYGO scorecard maintained
as guidelines for testing: Provided further, coronavirus, domestically or internation- for purposes of section 4106 of H. Con. Res. 71
That such plan shall address how the Sec- ally: Provided, That such amount is des- (115th Congress).
retary will increase domestic testing capac- ignated by the Congress as being for an (c) CLASSIFICATION OF BUDGETARY EF-
ity, including testing supplies; and address emergency requirement pursuant to section FECTS.—Notwithstanding Rule 3 of the Budg-
disparities in all communities: Provided fur- 251(b)(2)(A)(i) of the Balanced Budget and et Scorekeeping Guidelines set forth in the
ther, That such plan shall outline Federal re- Emergency Deficit Control Act of 1985. joint explanatory statement of the com-
sources that are available to support the DISASTER LOANS PROGRAM ACCOUNT mittee of conference accompanying Con-
testing plans of each State, locality, terri- ference Report 105–217 and section 250(c)(7)
tory, tribe, tribal organization, and urban For an additional amount for ‘‘Disaster
and (c)(8) of the Balanced Budget and Emer-
Indian health organization: Provided further, Loans Program Account’’ for the cost of di-
gency Deficit Control Act of 1985, the budg-
That such plan shall be updated every 90 rect loans authorized by section 7(b) of the
etary effects of this division shall be esti-
days until funds are expended: Provided fur- Small Business Act, $50,000,000,000, to remain
mated for purposes of section 251 of such Act.
ther, That such amount is designated by the available until expended, to prevent, prepare
This division may be cited as the ‘‘Addi-
Congress as being for an emergency require- for, and respond to coronavirus, domestically
tional Emergency Appropriations for
ment pursuant to section 251(b)(2)(A)(i) of or internationally: Provided, That such
Coronavirus Response’’.
the Balanced Budget and Emergency Deficit amount is designated by the Congress as
being for an emergency requirement pursu- The amendment was ordered to be
Control Act of 1985.
ant to section 251(b)(2)(A)(i) of the Balanced engrossed and the bill to be read a
GENERAL PROVISIONS—THIS TITLE
Budget and Emergency Deficit Control Act third time.
(INCLUDING TRANSFER OF FUNDS) of 1985. The bill was read the third time.
SEC. 101. The requirements, authorities,
and conditions described in sections 18108,
EMERGENCY EIDL GRANTS Mr. MCCONNELL. I know of no fur-
18109, and 18112 of division B of the For an additional amount for ‘‘Emergency ther debate on the bill, as amended.
Coronavirus Aid, Relief, and Economic Secu- EIDL Grants’’ for the cost of emergency The ACTING PRESIDENT pro tem-
rity Act (Public Law 116–136) shall apply to EIDL grants authorized by section 1110 of di- pore. If there is no further debate, the
funds appropriated in this Act to the Depart- vision A of the CARES Act (Public Law 116– bill having been read the third time,
ment of Health and Human Services. 136), $10,000,000,000, to remain available until the question is, Shall the bill pass?
dlhill on DSKBBY8HB2PROD with SENATE
SEC. 102. Funds appropriated by this Act expended, to prevent, prepare for, and re- The bill (H.R. 266), as amended, was
under the heading ‘‘Department of Health spond to coronavirus, domestically or inter-
passed.
and Human Services’’, except for the nationally: Provided, That such amount is
amounts specified in the first paragraph and designated by the Congress as being for an Mr. MCCONNELL. I ask unanimous
the first and second provisos in the second emergency requirement pursuant to section consent that the motion to reconsider
paragraph under the heading ‘‘Public Health 251(b)(2)(A)(i) of the Balanced Budget and be considered made and laid upon the
and Social Services Emergency Fund’’, may Emergency Deficit Control Act of 1985. table.
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April 21, 2020 CONGRESSIONAL RECORD — SENATE S2187
The ACTING PRESIDENT pro tem- ation of my resolution at the desk; I firmed, the motions to reconsider be
pore. Without objection, it is so or- further ask that the resolution be considered made and laid upon the
dered. agreed to, the preamble agreed to, and table, en bloc; that the President be
f that the motions to reconsider be con- immediately notified of the Senate’s
sidered made and laid upon the table action.
UNANIMOUS CONSENT
without any intervening action or de- The ACTING PRESIDENT pro tem-
AGREEMENT
bate. pore. Is there objection?
Mr. MCCONNELL. I ask unanimous The ACTING PRESIDENT pro tem- Without objection, it is so ordered.
consent that Senator PAUL be recog- pore. Is there objection? The question is, Will the Senate ad-
nized to speak for up to 5 minutes and Mr. MCCONNELL. I object. vise and consent to the nominations of
offer a unanimous consent request and The ACTING PRESIDENT pro tem- Mitchell A. Silk, of New York, to be an
that, following his remarks, I imme- pore. Objection is heard. Assistant Secretary of the Treasury;
diately be recognized with no inter- The majority leader. John Bobbitt, of Texas, to be an Assist-
vening action. f ant Secretary of Housing and Urban
The ACTING PRESIDENT pro tem- Development; and Michael D. Weahkee,
pore. Is there objection? STUDENT VETERAN CORONAVIRUS of New Mexico, to be Director of the In-
Without objection, it is so ordered. RESPONSE ACT OF 2020 dian Health Service, Department of
The Senator from Kentucky. Mr. MCCONNELL. Mr. President, I Health and Human Services, for the
f ask unanimous consent that the Sen- term of four years, en bloc?
UNANIMOUS CONSENT REQUEST ate proceed to the immediate consider- The nominations were confirmed en
ation of H.R. 6322, which was received bloc.
Mr. PAUL. Mr. President, no virus, from the House.
not even a plague, should cause us to f
The ACTING PRESIDENT pro tem-
forget that our freedom is the result of pore. The clerk will report the bill by EXECUTIVE CALENDAR
resisting the concentration of power in title.
the hands of a few. Mr. MCCONNELL. Mr. President, as
The legislative clerk read as follows: if in executive session, I ask unani-
Recently, there has been dangerous
A bill (H.R. 6322) to make certain improve- mous consent that the Foreign Rela-
talk of the President adjourning Con- ments in the educational assistance benefits
gress. I am reminded of the long tions Committee be discharged and the
under the laws administered by the Sec- Senate proceed to the consideration of
English battle to forbid the King from retary of Veterans Affairs in the case of
dissolving Parliament. In fact, Charles changes to courses of education by reason of
PN1419, PN1528, PN1529, and PN1659;
I lost his head partly because he in- emergency situations, and for other pur- that the nominations be confirmed, the
sisted on dissolving Parliament. In poses. motions to reconsider be considered
those days, Parliament did not take There being no objection, the Senate made and laid upon the table with no
Charles’ royal power grab laying down. proceeded to consider the bill. intervening action or debate; that no
When Charles I dissolved Parliament in Mr. MCCONNELL. I ask unanimous further motions be in order; that any
1629, members took matters into their consent that the bill be considered read statements related to the nominations
own hands and descended on the speak- a third time and passed, and that the be printed in the RECORD; and that the
er, John Finch, and sat on him. Since motion to reconsider be considered President be immediately notified of
he could not rise, the Parliament could made and laid upon the table. the Senate’s action.
not close. While he squirmed and was The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem-
held down, Parliament passed several pore. Is there objection? pore. Is there objection?
motions, condemning the King’s power Without objection, it is so ordered. Without objection, it is so ordered.
grab. The bill (H.R. 6322) was ordered to a The nominations considered and con-
Ultimately, the English Parliament third reading, was read the third time, firmed are as follows:
would change the Constitution to for- and passed. IN THE FOREIGN SERVICE
bid the King from dissolving Par- f The following-named Career Members of
liament. Now, I am not suggesting we the Senior Foreign Service of the Depart-
hold the President of the Senate down SIGNING AUTHORITY ment of State for promotion within the Sen-
ior Foreign Service of the United States of
and commandeer the Senate—though Mr. MCCONNELL. Mr. President, I America, Class of Career Minister:
the idea has crossed my mind. ask unanimous consent that the major- Kin Wah Moy, of Maryland
Whatever path of resistance we take, ity leader and the senior Senator from Richard Norland, of Virginia
talk of the administration adjourning Alaska be authorized to sign duly en- Julieta Valls Noyes, of Virginia
or temporarily dissolving Congress rolled bills or joint resolutions through Elizabeth H. Richard, of Texas
should loudly be resisted as if the Re- Monday, May 4, 2020. Stephanie S. Sullivan, of Maryland
public depended on it. The ACTING PRESIDENT pro tem- The following-named Career Members of
Perhaps more alarming than allow- pore. Without objection, it is so or- the Foreign Service of the Department of
ing a President threatening to dissolve dered. Agriculture for promotion within the Senior
Congress is that Congress currently Foreign Service of the United States of
f America, Class of Minister-Counselor:
has allowed itself to become more of an Deanna M.J. Ayala, of Minnesota
oligarchy than an assembly. A few EXECUTIVE CALENDAR
Robert Henry Hanson, of Maryland
Members of the leadership are set to Mr. MCCONNELL. As if in executive Darya Chehrezad, of California
pass legislation, spending nearly a half session, I ask unanimous consent that The following-named Career Members of
a trillion dollars, without any recorded the Committee on Indian Affairs be dis- the Foreign Service for promotion into the
vote or debate. Shouldn’t someone charged of PN1250 and that the Senate Senior Foreign Service, Class of Counselor:
shout stop? Shouldn’t someone point proceed to the en bloc consideration of Casey Eben Bean, of Maryland
out the terrible precedent of having a the following nominations: Executive Christine Strossman, of Florida
few Members speak for all the Mem- Calendar Nos. 545, 546, and PN1250. The following-named Career Member of the
bers? The ACTING PRESIDENT pro tem- Senior Foreign Service of the Department of
I, for one, believe that if there exists pore. Is there objection? Agriculture for promotion within the Senior
too much danger to have Congress There being no objection, the com- Foreign Service of the United States of
America, Class of Career Minister:
meet—and if there exists too much mittee was discharged and the Senate
dlhill on DSKBBY8HB2PROD with SENATE
Clay M. Hamilton, of Texas
danger to have Congress meet in per- proceeded to consider the nominations
The following-named Career Member of the
son, we should allow emergency voting en bloc.
Senior Foreign Service of the Department of
remotely. Mr. MCCONNELL. I ask unanimous State for promotion within the Senior For-
In that vein, I offer the following res- consent that the Senate vote on the eign Service of the United States of Amer-
olution. I ask unanimous consent that nominations en bloc with no inter- ica, Class of Career Minister:
the Senate proceed to the consider- vening action or debate; that, if con- Laura Farnsworth Dogu, of Texas
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